Can I use an email for my 3 Day Notice to Evict someone? The simple answer is No!
I have had this question a lot lately. Since we are using our computers for just about everything and we like to avoid confrontation or sending a letter in the mail we think well email should be sufficient. I will even put a return receipt on it or when they reply I will have proof the got it. Again No!
Also we think they always answer my emails and but never pickup the phone or sign for my certified letter this should be good, right? The answer is email notices cannot be submitted as evidence to the courts!
First off you cannot prove, really prove, who sent the email or that they are the ones that actually read it. Maybe it was his kid on his parents computer or a friend, because the tenant is tired of hearing from you about not paying the rent so they just don’t read your emails any longer.
That said, the courts will just not allow an email as evidence of service.
Texas Property Code – Section 24.005. Notice To Vacate Prior To Filing Eviction Suit
§ 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT.
(a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days’ written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.
(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days’ written notice to vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. … the purchaser at foreclosure not later than the fifth day after the date of receipt of a written notice of the name and address of the purchaser that requests payment. Before a foreclosure sale, a foreclosing lienholder may give written notice to a tenant stating that a foreclosure notice has been given to the landlord or owner of the property and specifying the date of the foreclosure.
(c) If the occupant is a tenant of a person who acquired possession by forcible entry, the landlord must give the person at least three days’ written notice to vacate before the landlord files a forcible detainer suit.
(d) In all situations in which the entry by the occupant was a forcible entry under
Section 24.001,the person entitled to possession must give the occupant oral or written notice to vacate before the landlord files a forcible entry and detainer suit. The notice to vacate under this subsection may be to vacate immediately or by a specified deadline.
(e) If the lease or applicable law requires the landlord to give a tenant an opportunity to respond to a notice of proposed eviction, a notice to vacate may not be given until the period provided for the tenant to respond to the eviction notice has expired.
(f)The notice to vacate shall be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice to vacate on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door.
(g) The notice period is calculated from the day on which the notice is delivered.
(h) A notice to vacate shall be considered a demand for possession for purposes of Subsection (b) of Section 24.002.
(i) If before the notice to vacate is given as required by this section the landlord has given a written notice or reminder to the tenant that rent is due and unpaid, the landlord may include in the notice to vacate required by this section a demand that the tenant pay the delinquent rent or vacate the premises by the date and time stated in the notice.
Emphasis on the above law is mine.
So if you want us to do a hand delivery and certified mail, we will definitely get their attention. A notice from a 3rd party always carries a lot more weight than it does from you.
We hand deliver our notices…. they work!
If you have any further question we can give you our opinion or you should contact an attorney.